HomeMy WebLinkAboutOpposition Letter - SB 478 (Wiener) - 06.03.2021
page 1 of 2
June 3, 2021
The Honorable Scott Wiener
California State Senate, 11th District
State Capitol, Room 5100
Sacramento, CA 95814
RE: SB 478 (Wiener) – OPPOSE
Dear Senator Wiener,
On behalf of the City of Cupertino, I would like to express our opposition to SB 478, your
measure which would prohibit a local government from imposing a floor‐to‐area ratio (FAR)
below a certain point on certain housing developments.
Specifically, SB 478 would prohibit a local government from adopting a FAR that is less
than 1.0 for a housing development consisting of three to seven units, and from adopting a FAR
less than 1.25 for a housing development consisting of eight to ten units. Additionally, SB 478
would prohibit a local government from denying a housing development project located on an
existing parcel solely on the basis that the lot area of the proposed lot does not meet the local
requirements for minimum lot size.
We believe that SB 478 extends well beyond the reach of land use issues for the state.
California is made up of hundreds of communities, each with their own characteristics, history,
and future needs that go in to determining how best to approach land‐use decisions. What is
appropriate for one community may not be appropriate for all communities, which is why land‐
use decisions, such as minimum lot sizes and FARs are best decided at the local level. In some
communities, the FARs suggested by this bill may be appropriate; however, they will not be
appropriate in all communities. Locally elected officials, with input from their residents and local
stakeholders, are in the best position to determine what is best for their community.
By prohibiting local agencies from considering and being able to require minimum parcel
sizes for parcels that are zoned for two to ten units, this bill creates an incentive for developers to
MAYOR DARCY PAUL
CITY OF CUPERTINO
CORRESPONDENCE TO SENATOR WIENER OPPOSING SB 478 page 2 of 2
create microunits on parcels that are not otherwise sufficient to support housing. While it is
important to create new housing opportunities, for individuals of all income levels, local
governments are in the best position to determine what lot minimums should apply based on the
local characteristics of their community. For instance, elements such as threats from fire, setbacks
required for public safety access, and the condition of supporting infrastructure need to be taken
into account by the locality when determining the appropriate minimum lot size for
development. This bill ignores such factors.
It is for these reasons that the City opposes SB 478.
Sincerely,
Darcy Paul
Mayor
City of Cupertino
cc: Senator Dave Cortese
Assemblymember Evan Low
Assemblymember Marc Berman